# C_2020414EN.01000401.xml

| 30.11.2020 | EN | Official Journal of the European Union | C 414/4 |
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30.11.2020

EN

Official Journal of the European Union

C 414/4

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Judgment of the Court (Grand Chamber) of 6 October 2020 (request for a preliminary ruling from the Landessozialgericht Nordrhein-Westfalen — Germany) — Jobcenter Krefeld — Widerspruchsstelle v JD

(Case C-181/19) (1)

(Reference for a preliminary ruling - Free movement of persons - Workers - Regulation (EU) No 492/2011 - Article 7(2) - Equal treatment - Social advantages - Article 10 - Children attending school - Directive 2004/38/EC - Article 24 - Social assistance - Regulation (EC) No 883/2004 - Article 4 - Article 70 - Special non-contributory cash benefits - Migrant worker with dependent children attending school in the host Member State)

(2020/C 414/04)

Language of the case: German

Referring court

Landessozialgericht Nordrhein-Westfalen

Parties to the main proceedings

Applicant: Jobcenter Krefeld — Widerspruchsstelle

Defendant: JD

Operative part of the judgment

| 1. | Article 7(2) and Article 10 of Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union must be interpreted as precluding legislation of a Member State which provides that a national of another Member State and his minor children, all of whom have, in the former Member State, a right of residence based on Article 10 of that regulation, by virtue of those children attending school in that State, are automatically and in all circumstances excluded from entitlement to benefits to cover their subsistence costs. That interpretation is not called into question by Article 24(2) of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC; |
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1.

Article 7(2) and Article 10 of Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union must be interpreted as precluding legislation of a Member State which provides that a national of another Member State and his minor children, all of whom have, in the former Member State, a right of residence based on Article 10 of that regulation, by virtue of those children attending school in that State, are automatically and in all circumstances excluded from entitlement to benefits to cover their subsistence costs. That interpretation is not called into question by Article 24(2) of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC;

| 2. | Article 4 of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, read together with Article 3(3) and Article 70(2) of that regulation, must be interpreted as precluding legislation of a Member State which provides that a national of another Member State and his minor children, all of whom have, in the former Member State, a right of residence based on Article 10 of Regulation No 492/2011, by virtue of those children attending school in that State, and are integrated there in a social security system within the meaning of Article 3(1) of Regulation No 883/2004, are automatically and in all circumstances excluded from entitlement to special non-contributory cash benefits. |
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2.

Article 4 of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, read together with Article 3(3) and Article 70(2) of that regulation, must be interpreted as precluding legislation of a Member State which provides that a national of another Member State and his minor children, all of whom have, in the former Member State, a right of residence based on Article 10 of Regulation No 492/2011, by virtue of those children attending school in that State, and are integrated there in a social security system within the meaning of Article 3(1) of Regulation No 883/2004, are automatically and in all circumstances excluded from entitlement to special non-contributory cash benefits.

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(1)  OJ C 182, 27.5.2019.

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